Disposed
Tapan Ku Parida v. Chief Manager,Sbi,Balasore
Orissa HCWP(C)/7889/2016
Case brief
from the order text
What is this about?
No.7889 of 2016 05. 12.09.2016 Heard…
What the court decided
AI extract
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W.P.(C) No.7889 of 2016
05. 12.09.2016 Heard Mr.N.Sahani, learned counsel for the petitioner
and Mr.M.K.Mohapatra, learned counsel for the opposite parties-bank.
An affidavit has come to be filed today by the petitioner stating as f
ollows:
6. That I undertake to deposit Rs.10.00 Lakhs with the Bank on or befo
re 23.09.2016.
7. That I further undertake to settle the Loan Account within a period
of three months with due negotiation with the Bank.
Learned counsel for the bank submits that the mortgaged assets are fix
ed for auction on 16th September, 2016.
In view of the aforesaid circumstances, we direct that the auction as
scheduled may be held but the same shall not be confirmed. If the petitioner acts in terms of
his affidavit filed before this Court and in particular, Para-6 and 7 as noted hereinabove, th
e bank may proceed in the matter and settle the outstanding dues of the petitioner and, if nec
essary, thereafter cancel the auction, if any. We further direct that upon deposit of Rs.10.00
lakhs by 23.09.2016 as undertaken, the petitioner is at liberty to seek settlement of the out
standing. If such settlement is arrived at, the petitioner shall clear the dues of the bank wi
thin a period of three months therefrom, failing which, the bank is at liberty to proceed with
settling the mortgaged assets through auction as noted hereinabove.
With the aforesaid observation and direction, the writ petition is dis
posed of.
Urgent certified copy of this order be granted on proper application.
y, J.
.......
Biswajit Mohanty, J.
Misc. Case Nos.7278 & 13202 of 2016
06. 12.09.2016 In view of the order passed today in W.P.(C) No.7889 o
f 2016, these Misc. Cases are disposed of.
..
I.Mahant
y, J.
.......
Biswajit Mohanty, J.
2
Petitioner
Opposite Parties-Bank
M. R. Basawaraj
Biswajit Mohanty
As recorded by the court registry
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